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(영문) 수원지방법원 평택지원 2015.03.05 2015고단65
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 13, 2009, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong Site, and on December 14, 2012, the same court issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving). However, on December 20, 2014, the Defendant driven a passenger car with salt-gu located in Pyeongtaek-si (Seoul-si) around 15:20 meters in front of the restaurant at the front of the restaurant and the front of the Gu-si parking lot at around 700 meters in the 70-meter section to the Gu-si.

Summary of Evidence

1. Defendant's legal statement;

1. A brewing driver's license report;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road principal Act, the choice of imprisonment for a crime, the choice of applicable law and punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. There is no room for wife in that the criminal defendant is repeatedly committed for the same kind of crime with the reason of sentencing in Article 62-2 of the Criminal Act. However, there is no room for wife in that the criminal defendant is led to confession of the crime, there is no other penalty power than twice in addition to the fine, and that the criminal defendant would not repeat the same crime again, and the punishment as the order shall be determined in consideration of the defendant's age, character and conduct, circumstances after the crime, etc.

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